What's happening
This bill redefines civil liability for larceny in stores, basing damages on actual sales price and lowering penalties.
Why it matters
Damages are now based on the “actual sales price” at the time and place of the alleged theft. , rather than a potentially higher “retail” price, which may reduce the amount a defendant must pay and better reflect real losses to stores.
Penalties for civil liability are lowered. the multiplier for penalties drops from five to two times the actual sales price, and the minimum penalty drops from $75 to $50, with a maximum cap of $500—potentially lessening the financial burden on those found liable.
The law clarifies how parents or guardians of minors are held responsible. , still allowing civil suits against them but ensuring courts must consider mitigating circumstances relating to parental supervision, which could result in fairer outcomes for families.
Protections for defendants are strengthened. by specifying that statements or evidence from civil settlement attempts or related proceedings can’t be used against them in other court actions about the same incident, reducing the risk of self-incrimination or unfair prosecution.
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Change Shoplifting Penalties
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8443
IN SENATE
May 8, 2018
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to larceny in mercantile establishments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11-105 of the general obligations law, as added by chapter 724 of the laws of 1991, is amended to read as follows:
§ 11-105. Larceny in mercantile establishments. 1. When used in this section, the term "mercantile establishment" shall mean a place or vehicle where goods, wares or merchandise are offered for sale or a place or vehicle from which deliveries of goods, wares or merchandise are made.
2. When used in this section, the term "larceny" is an act heretofore defined or known as common law larceny by trespassory taking as defined in paragraph (a) of subdivision two of section 155.05 of the penal law committed against the property of a mercantile establishment.
2-a. When used in this section, the term "actual sales price" shall mean the price of the merchandise offered for sale to the public at the specific place, on the specific day and at the specific time of the alleged larceny.
3. When used in this section, the term "emancipated minor" shall mean a person who was over the age of sixteen at the time of the alleged larceny and who was no longer a dependent of or in the custody of a parent or legal guardian.
4. In any proceeding brought under this section the burden of proof shall be by a preponderance of the evidence.
5. An adult or emancipated minor who commits larceny against the property of a mercantile establishment shall be civilly liable to the operator of such establishment in an amount consisting of:
(a) the [retail] actual sales price of the merchandise offered for sale to the general public at the time of such alleged larceny if such merchandise is not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07384-01-7
S. 8443 2
(b) a penalty not to exceed the greater of [five] two times the [retail] actual sales price of the merchandise or [seventy-five] fifty dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
6. Parents or legal guardians of an unemancipated minor shall be civilly liable for said minor who commits larceny against the property of a mercantile establishment to the operator of such establishment in an amount consisting of:
(a) the [retail] actual sales price of the merchandise offered for sale to the general public at the time of such alleged larceny if such merchandise is not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus
(b) a penalty not to exceed the greater of [five] two times the [retail] actual sales price of the merchandise or [seventy-five] fifty dollars; provided, however, that in no event shall such penalty exceed five hundred dollars.
7. A conviction or a plea of guilty for committing larceny is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this section.
8. The fact that an operator of a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of such merchant to [demand, orally or] ask in writing, that a person who is liable for damages and penalties under this section remit the damages and penalties prior to the commencement of any legal action.
9. In any action brought under subdivision six of this section, the court shall consider in the interest of justice mitigating circumstances that bear directly upon the actions of the parent or legal guardian in supervising the unemancipated minor who committed the larceny.
10. An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction.
11. The provisions of this section shall not be construed to prohibit or limit any other cause of action which an operator of a mercantile establishment may have against a person who unlawfully takes merchandise from the mercantile establishment.
12. Any testimony or statements of the defendant or unemancipated minor child of the defendant or any evidence derived from an attempt to reach a civil settlement or from a civil proceeding brought under this section shall be inadmissible in any other court proceeding relating to such larceny.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general obligations law, in relation to larceny in mercantile establishments
Purpose or general idea of bill
To impose a limit on the civil penalty paid to mercantile establishments in the case of alleged larceny to the amount of no more than two times the actual sales price (the price of the item at the specific place, on the specific day and at the specific time of the alleged larceny) or $50.
Summary of specific provisions
Section 11-105 of the General Obligations Law as amended by chapter 724 of the laws of 1991 is amended to define "actual sales price" as the price of the merchandise offered for sale to the public at the specific place, on the specific day and at the specific time of the alleged larceny. If such merchandise up to the amount of $1500, is not recovered in merchantable condition, the alleged person, or legal guardian in the case of minor, shall be civilly liable for no more than 2 times the actual sales price or $50, and the penalty shall not exceed $500.
Existing law
Under Section 11-105, those persons who allegedly commit larceny are civilly liable for penalties up to 5 times that of the retail price of the good or $75.
Justification
Mercantile establishments have been forcing exorbitant fees on those civilly liable for damaged incurred from incidents of larceny. For instance, in a case of larceny where an item is on sale for $10, if the retail price of the item is $30, an alleged case of larceny would yield of a civil liability 5 times that of the retail price, or $150. This represents a $140 difference for an item which the establishment was originally willing to sell for $10. This practice could be construed as predatory, as the mercantile establishments know the alleged offender in legally bound to paying the exorbitant fine. This legislation would act to curb this practice and have a fair and just penalty for the act of larceny.
Prior legislative history
2014: A.9630 - Referred to Judiciary 2016: - Referred to Judiciary
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.